The Trump Administration has started sending some migrants to third countries. There is little transparency around these operations, but so far, the deportees seem to be people who arrived recently at the Southern border. Regardless of their nationality or potential fear of persecution, the U.S. government is sending some migrants to third countries, such as Mexico, Guatemala, El Salvador, Honduras, Costa Rica, and Panama. In most cases, the returned migrants are then sent back to their home country, but in some cases, the third countries seem willing to hold (and perhaps detain) deported migrants, at least for a while.
Could the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) ?
The first thing to know is that people who have been granted WOR or CAT have been ordered deported from the United States. That deportation order is “withheld” or “deferred” as to the home country where the person demonstrates a likelihood of persecution or torture. In other words, anyone who has WOR or CAT has been ordered deported from the U.S. They just cannot be sent back to the specific country where they fear harm.
In the past, a grant of WOR or CAT basically meant you could stay in the U.S. indefinitely, since no other countries were willing to accept non-citizens on a permanent basis, and so there was nowhere for the U.S. to send WOR and CAT grantees.
Whether that has changed or not, we do not yet know. Although Mexico and several Central American countries have agreed to accept certain migrants who are not their citizens, we do not know whether these countries would be willing to accept such people on a permanent basis, or whether they would accept deportees with criminal convictions (there are many reasons why a person might get WOR or CAT instead of asylum, but one reason is that the person has a criminal conviction which makes him ineligible for asylum).
Assuming a third country is willing to accept them, can the U.S. legally deport WOR and CAT grantees to that country?
The National Immigration Litigation Alliance (NILA) and several other non-profits have prepared a practice advisory on this question. The first Trump Administration took the position that the government would not deport people with WOR or CAT to a third country “until after the individual receives meaningful notice of the pending deportation and an opportunity to assert a fear-based claim against removal to that third country.” In other words, under Trump-1, WOR and CAT grantees would not be removed to a third country without proper notice and an opportunity to defend against deportation by showing that they would face persecution in the third country (or, presumably, if the third country would send them back to their home country).
However, DHS “has no written policy to provide noncitizens either with notice or an opportunity to present a fear-based claim before DHS deports them to a third country where they face persecution and/or torture.” According to NILA, the absence of such a policy is “particularly concerning given the administration’s stated intention to pressure third countries to accept noncitizens ordered deported from the United States.” Put another way, NILA and the other advocacy groups fear that deporting WOR and CAT grantees to a third country may be a possibility, and the non-citizens–especially if already detained–may be informed of an imminent third-country removal with little advanced notice.
What can WOR and CAT grantees do to protect themselves? NILA has a few suggestions (see the practice advisory for more details):
- For people currently in removal proceedings, one option is to list on the I-589 asylum form all countries where the person fears persecution. This information can also be submitted into the record through testimony.
- For detained individuals, you can inform DHS in writing of all countries where you fear removal and “demand a stay of removal and reopening if DHS intends to deport [you] to any of the identified countries.”
- If DHS has indicated an intention to deport you to a third country where you fear harm, “it may be necessary to file an emergency motion to reopen and motion to stay removal.”
A final suggestion (my own) is to review your case with a lawyer. Maybe something has changed that would allow you to reopen your WOR or CAT case and try to get a more secure status.
In practical terms, there is no easy way to prepare in advance for deportation to a third county, especially when you have no idea where the government intends to send you. Also, for most deportees, it will be difficult to show that they face harm in a random third country. Nevertheless, it does not hurt to have a trusted family member or friend who can help contact your lawyer (or find you a lawyer) if needed and who can provide other support.
All this is quite frightening. But perhaps WOR and CAT grantees can take some comfort in the fact that there are few countries willing to accept our deportees, and so far at least, the government is not engaged in any systematic effort to target such individuals. Also, many good organizations and people are ready to challenge such removals and to preserve our country as a safe haven for those in need of protection.
On the negative side of recent news, Trump admin seems to be trying to pressure the tiny island of Palau to accept at least asylum applicants, under the third country removal process.
https://www.abc.net.au/news/2025-07-22/us-looks-to-send-third-country-nationals-to-palau/105555302
On the surface Palau doesn’t sound like such a bad place to be sent to compared to South Sudan, at least they speak English there, but this doesn’t sound very nice: in 2009, nine Chinese Uyghur asylum seekers detained in Guantanamo Bay were transferred to Palau. The asylum seekers were supposed to be held in Palau for a short time for processing but it took about five to six years by the time the last detainee was released.
I hope (and I may be wrong) that most third countries will have a limited tolerance to accept people that we do not want. It will be difficult for those people to stay in the third countries, where they probably have no attachments, don’t speak the language, and have no support. It will also be difficult for those third countries to send our people to their home countries, as it is expensive and resource intensive. Also, news of that will allow people still in the US to challenge their deportation to a third country (where it is essentially a way station until they can be returned to the country where they face harm). Take care, Jason
The habeas for this gentleman seems to be working so far, and I don’t see anything about third country removal.
https://www.oregonlive.com/politics/2025/07/judge-blocks-ice-deportation-of-iranian-immigrant-in-us-for-26-years.html
On the surface all he has going for him is the lack of the government’s doing anything about his removal for twenty years or so. No withholding or other status.
The man, identified in court records only as S.F., has been in the United States since August 1999, arriving on a visitor’s visa, and was under U.S. Immigration and Customs Enforcement supervision.
He was scheduled for a regular check-in with ICE officials on July 7 when federal officers arrested him around 7 a.m. as he was driving to a fitness center without prior notice, according to his lawyer, Michael Purcell. However, ICE alleges a new 2023 theft conviction, but I assume he has reported since then.
Case offers a glimmer of hope. If this works, I’d think that the other case posted above
https://www.nbcwashington.com/news/local/maryland-man-detained-by-ice-in-gaithersburg-while-walking-dog-family-says/3958565/?utm_source=chatgpt.com
of the gentleman granted withholding would hold up too under habeas
For people who can afford a lawyer to fight these cases, there is a real chance for success. The problem is that many people won’t have lawyers and are vulnerable to whatever the Administration wants to do to them. Take care, Jason
Another case (WOR) of an Iranian man in Maryland getting detained. WOR since 2007 for a charge from the 90’s.
https://www.nbcwashington.com/news/local/maryland-man-detained-by-ice-in-gaithersburg-while-walking-dog-family-says/3958565/?utm_source=chatgpt.com
If that gentleman was reporting as ordered (or didn’t have to report) and they still grabbed him that would be quite a leap.
It is maddening to hear DOJ describe such cases as someone who had X number of years to self-deport. The man was in legal withholding status why would he self deport ?
I noticed that they’re supposedly trying to send him to Australia or Romania. Unless he had some ties to there I doubt either country would take him.
Habeas petitions have been filed.
Yes article didn’t mention anything about check-ins, they usually do but you just don’t know.
I think it could be Iranians being targeted as mentioned below or they’re now detaining people with this status (also mentioned by someone else below) due to increased funding and resources. Time will tell I guess.
It’s pretty gross. People like him should be allowed to reopen their case and apply for asylum, as the situation has changed – WOR is no longer a safe status if you can be deported to South Sudan or some random country where you have no connection, don’t speak the language, and will not be safe. Take care, Jason
14 years under WOR, scheduled for check-in on July 23 in Miami Fl.
I will post the result of the encouter with ERO.
On the event of detention, someone else will let you know.
Mike, I wish you the best of luck. It seems that most cases go smoothly, and I’m hopeful that will be the case for you as well!
Good luck, and please do prepare for the worst and to have a trusted family member or friend who can assist if you are detained, and also to have a lawyer who is able to assist if need be – that is the best way to get through things like this. Take care, Jason
Good luck Mike.
I hope and wish everything to go smooth with your check-in.
hi there just checking in how your check in went, hoping it went well.
Maybe someone can figure out what status this Iranian lady Arpineh Masihi was in, who was raided at her home and taken in by ICE.
https://people.com/maga-mom-taken-by-ice-husband-still-flying-trump-flag-11765464
https://www.sgvtribune.com/2025/07/07/despite-being-broken-an-ice-detainee-from-diamond-bar-believes-trump-is-doing-the-right-thing/
She was convicted of what appears to be an aggravated felony in 2008 (burglary, two year custodial sentence imposed), such that she lost her green card.
Through her husband she seems to claim that the IJ declined to send her to Iran because she is Christian, and that she met with immigration authorities as recently as April 2025, apparently, but one of the articles mentions that ICE said: “A judge issued her a final order of removal on June 24, 2009,” the official said via email. “She had more than 15 years to self-deport and leave the U.S.” which would seem to contradict any kind of legal status such as withholding or deferral / CAT.
So I wonder if she had some kind of withholding or deferral / CAT status, or simple was ordered removed and then did nothing about it, leading ICE to seek her out. Because if she did have some kind of status like withholding or deferral / CAT, and was reporting pursuant to say a I-220B, and then just a couple months after reporting without incident ICE came and got her anyway, that would be something new that we haven’t seen yet.
Yes we have seen Cubans and Vietnamese occasionally taken in at check ins after reporting on I-220As and I-220Bs for years, but they didn’t have any kind of withholding or deferral / CAT status. Nor have we heard of someone reporting without incident then being sought out soon afterwards by ICE. It would be rather disturbing if it has already gotten to where someone is reporting and told all is well, and then ICE comes and gets him anyway soon afterwards.
The problem with this Masihi case is that it’s unclear even what exactly happened. Her husband states that her burglary was over $200., but who gets a two year sentence over a $200. burglary, especially if it’s a first offense? And they say that they believe that she cannot be sent back to Iran, but was she actually granted withholding / deferral CAT for Iran? or was she simply ordered removed and then disobeyed the order? like the other Iranian Jamil Bahlouli : https://www.justice.gov/usao-wdtx/pr/iranian-man-arrested-austin-immigration-violations who was supposed to self deport then did not, such that ICE felt the need to find him.
I think ICE is targeting Iranians, and I have heard about some with pending GC cases, and no criminal issues at all, who have been detained and held until released on bond. I do not have all the details, but in the case I heard about, it seems ICE came up with a very weak basis to place the people into Immigration Court, and they were basically targeted because they were Iranian. Of course, most Iranians in the US oppose the government of Iran, but ICE does not seem to care about that. Take care, Jason
It doesn’t appear to be a case of CAT or WOR. But news outlets never describe accurately the real immigration status of the person. Now you made it sound for the second time that CAT or WOR grantees AREN’T getting re-detained. And YES, unfortunately, they have.
I’ve been on WOR since 2014 due to the same charge, though I don’t have check-ins this is definitely worrisome.
Thank you everyone for sharing their experiences here. My name is Joseph, from Honduras. I went to my yearly check in today in Atlanta. I was really nervous and I couldn’t sleep for days with everything going on. I was granted deferral of removal under CAT in 2016 and I have 1 criminal record. Everything went normal I waited for a couple hours. They called my name and told me to come back next year same date and time. For what I noticed no one got detained. It was a lot of people and most people were okay. I hope this makes anyone who has a coming up check in at peace.
I’m happy for you it went well sir!! Good news for same positioned people in the Atlanta area. Even though every case is unique, that says a lot on the intent in that field office right now.
glad to hear everything went well. Thank you for updating your check in experience. I’ve also been losing sleep thinking about my husband’s up coming check in date. Glad to hear something positive.
New memo on ERO enforcement guidance for third country deportations affecting WOR and CAT grantees issued by Todd Lyons on yesterday July 12, 2025.
According to the Washington Post, the new memo outlined that diplomatic assurances are not longer necessary to effectuate removals to a third countries. Additionally, the country of removal notice l has been increasingly reduced to 24 hours and even 6 hours depending of “exigent circumstances” for some cases. The rest of the memo is mirroring the March 2025 memo issued Kristi Noem on third country deportations.
https://www.washingtonpost.com/immigration/2025/07/12/immigrants-deportations-trump-ice-memo/
If anyone here is able to obtain this memorandum , please post a link. Often, news outlets have a way to distort the facts on court rulings and legal memoranda. Thank you.
It may not be a memo but rather an email. A copy was filed into the KILMAR ARMANDO ABREGO GARCIA, ET AL. vs. KRISTI NOEM, ET AL. case (8:25-cv-00951-PX) in Maryland district court. Within that case two exhibits were filed recently (July 10, 2025):
1 – DHS Memorandum dated March 30, 2025 regarding Guidance for Third Country Removals
You may find that here
https://immigrationlitigation.org/wp-content/uploads/2025/04/43-1-Exh-A-Guidance.pdf
2 – Email dated 7/9/2025 to All ICE Employees regarding Third Country Removals Following the Supreme Court’s Order in DHS v. D.V.D., No. 24A1153
is what it is referred to within the court filing.
This might be the same as:
“Expedited Removal Guidance for Third Country Nationals,” written by Acting ICE Director Todd M. Lyons, dated July 9, 2025
Don’t know where to find that email, but it apparently refers to the March 30th memo.
Correct! after I wrote here I checked the Abrego’s case docket and found that out. Yes it was an email. When you check the document entry on July 10th on court listener (I don’t have pacer) I can only see a summary of the evidence rendered to the court. It seems like it’s almost the same of that March’s memo but the news said that it contains additional information. This is getting very dangerous for CAT and WOR grantees as myself. ????
I do think it is dangerous for CAT and WOR people (and immoral for our country), and it is best to have a plan in place and be in contact with a lawyer who can help if there is a problem. Take care, Jason
I wrote about what to do if you have WOR or CAT above, but that is now a bit dated, as things keep getting worse. We will see how this plays out in real life, but it is very bad for people with WOR or CAT and will also be very bad for our country, which has largely lost its way morally. I do think there are still some opportunities for courts to intervene in these cases, and so if you have WOR or CAT, it is worthwhile to talk with a lawyer to have a plan. Take care, Jason
DVD v. DHS case has many entries filed by Plaintiffs today including the memo (via email) from Todd Lyons (ICE director) sent to ICE employees during the weekend. Summary judgement was requested to Judge Murphy on the merits. Finally! I think the battle still very much alive. Thank you so much to all the attorneys involved for their amazing contribution and continuing the fight from many angles.
https://www.courtlistener.com/docket/69775896/dvd-v-us-department-of-homeland-security/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
The battle is ongoing, but where you have an Administration that does not care about due process of law, and is willing to engage in all sorts of unethical practices to harm innocent people who they have falsely labeled as a threat, many people will be harmed despite the best efforts of advocates. Take care, Jason
I know and it is already happening! Just a few hours ago.
https://www.reuters.com/world/us/us-says-it-has-sent-third-country-deportees-southern-africas-eswatini-2025-07-16/
It is truly vile and an abdication of our responsibility as a nation and world leader. Take care, Jason
Thank you everyone for sharing their experiences here. My name is Joseph, from Honduras. I went to my yearly check in today in Atlanta. I was really nervous and I couldn’t sleep for days with everything going on. I was granted deferral of removal under CAT in 2016 and I have 1 criminal record. Everything went normal I waited for a couple hours. They called my name and told me to come back next year same date and time. For what I noticed no one got detained. It was a lot of people and most people were okay. I hope this makes anyone who has a coming up check in at peace.
That is good to hear. Since we do not know whether some offices are more likely to detain people than others, it is very difficult to know what to expect for a given person who goes for a check in, and so it is always best to be prepared for the worst, even as we hope for the best. Take care, Jason
I applied for my A10 EAD in Jan of this year. I have not received an approval yet, this is the longest it ever took since 2013. Should this be a reason for concern?
I have not heard about a-10 EADs being denied or having other problems. The wait time for EADs in general seems to go up and down, and so I do not think the delay is necessarily a cause for concern. Check your receipt, but for a-10 renewals, as long as you filed before the old card expired, you should receive an automatic extension of the old card – this is mentioned on your receipt. Take care, Jason
Hey Jason,
What about C-18 have you heard or saw any delays or problems? My renewal was filed on March 7.
Thanks
MC
I have not heard anything about that, one way or the other, sorry. Take care, Jason
The additional argument that anyone who has been granted deferral / withholding / CAT for a particular country should make, when being presented with the possibility of being removed to a third country, is that removal to that third country IF that country will not even accept the non citizen on a PERMANENT basis, is that then removal to that third country becomes a de facto removal back to the non citizen’s home country where he is not supposed to be sent.
This refoulement argument was made in the DVD case, was glossed over by the government’s response.
None of these third countries is welcoming these people but just desires to lock them up then kick them out of detention, then remove them from their country, such that under these circumstances, the third country removal is a de facto removal to the country of citizenship of the person being removed.
That is in fact exactly what was revealed:
https://www.theguardian.com/us-news/2025/may/21/trump-deportations-south-sudan
South Sudan’s police spokesperson, Maj Gen James Enoka, told the Associated Press on Wednesday that no migrants had arrived.
Enoka said that if they did, they would be investigated and those found not to be from the country would be “re-deported to their correct country”.
A removal to a third country that will NOT accept the non citizen on some kind of permanent basis ends up being a de facto removal back to the home country.
Also, how many who have been granted some kind of legal relief in the form of deferral / withholding / CAT and have been reporting as ordered (or not ordered to report, and therefore in compliance) are being detained anyway? Haven’t actually seen this happen yet have we? All of the publicized cases are about non citizens who somehow failed to pursue their relief to its conclusion, missed some step or action, and were in illegal status, or concern recent arrivals. And the two cases where someone who had been granted such relief was sent by mistake to a country where they should not have been sent (Albrego , OCG), the government brought them back.
Individuals with final orders of removal, especially without protection like CAT, deferral or withholding, are the primary targets of this administration, at this time.
It is also unclear whether someone who was granted for example deferral, may be sent to a third country in a summary fashion without having to reopen the case in immigration court, and have a judge rescind the deferral, before being sent to a third country. The grant of deferral or CAT proscribes the sending of the noncitizen to any country where he might be persecuted or tortured.
Thank you. It is not surprising that the third countries would then return the people to the country of feared persecution. Of course, the current Administration could care less about people being harmed, as long as they demonstrate how “tough” they are towards non-citizens. Take care, Jason
Dear M,
I’m on DCAT please read my previous posts here! I have been sent by ICE to write letters for 3 countries of my choice embassies requesting travel documents regardless whether they respond or not and furnish proof of this in the next check in appt. Also, ICE changed me to ISAP supervision app mode, they wanted me on ankle bracelet at the beginning but I convinced them for the app check in because I had a recent injury and surgery scheduled. Next check in is on 3 months when before was once a year. All these after 8 years of granted CAT under supervision where never had any restrictions on my supervised order or any issues. So, they are likely cooking something up for a third country deportation. Now, in my case they are taking into consideration my possible relief by family based to change status from WOR or CAT to adjustment status AOS with inadmissibility waiver as 212(h). So, at one point you gotta have to re-open the case in your case’s jurisdiction Sua Ponte because I don’t think via ICE counsel joined motion is allowed and available by this administration anymore. There is hope and ways to try to get this nightmare away. WOR and CAT are status fairly easy to revoke, besides they have changed ICE policies respectively those status about third country deportations DHS issued since1990 via memorandum. Congress let this door open on the statutory language that was easy for this administration to abuse. There is a case law from the Supreme Court, where Justice Kavanaugh’s opinion made a very clear the distinction between a CAT or WOR final order of removal and a REGULAR administrative final order of removal. Ex. a WOR or CAT final order of removal HAS to be issued to withhold your deportation to the country(es) on the IJ or BIA order. So it’s different than the regular removal final order. That argument open a door in my opinion to defend all this administration abuses against WOR and CAT grantees but sadly no attorney is making any argument about it based in that legal opinion. I see it clearly but I am not sure why they are overviewing it! I’m merely a paralegal who earned my degree to aid my attorney at the time on my case pushed by while was in detention years ago.
The applying to 3 countries of your choice is not new to this administration. This has been requested of other CAT recipients/ WOR in the past administrations during ICE check ins in the form of letters to consulates or proof of names/numbers of who they spoke with.
Also, the more frequent check ins have been reported by several who have checked in this year as well ( including a 3 month check in, see posts below).
The ankle monitor part: Did they provide you with an explanation on why they wanted to increase your supervision?
Jannah,
It’s all new for this field office in Indianapolis. I can attest that for fact. Especially for me! The 3 countries report I know is not new, it has been done for long time including with detainees before and after relief at Jena detention center when I won CAT back in 2018.
They gave no explanation about the increase of supervision for me, they ended not putting me on ankle monitor instead they put me on checking in the app every week with a picture with some virtual and home visits after presenting medical records and explanation of my current injury and need for surgery that was scheduled already. Besides we were focus (attorney and I) in explaining where we were at on the specifics of re-opening my case, I-130 status and waiver to apply after the fact, they had not clue what we were saying but was included to my file. I can say the AILA serv forum in this area has been lately saying constantly that what happened to me, had happened to another attorney’s clients in Indy for first time. Like they are “paving” the way for CAT or WOR grantees for re-detention and third country deportation. Hope they’re wrong and not the case!
It is really disgraceful treatment from ICE, not to mention a complete waste of US government resources to harass you and others this way. I do not think it is easy to take away WOR or CAT, but of course, the problem is that CAT and WOR are useless if they just send you to a third country. I also think that there are a number of efforts to challenge the effort to send people to third country, and so hopefully those will help, but the recent Supreme Court ruling is not encouraging. Take care, Jason
It is indeed disgraceful but that’s what we are living into this country now. The waste of $$$ on mass detentions and incarcerated people has always been an issue in this country but I guess big pockets always win over unpopular thoughts. Listen Jason I have live here for almost 30 years by now and you and I can probably agree on this hypothetical scenario if you knock at a stranger’s door to ask for food and shelter there is high chance that they give you excuses and throw their door at you. But if you knock at their door asking for money to fund your neighborhood efforts to combat crime, I’m convinced they likely will cut you check ipso facto. This is how most people operate in this country with the false sense that we are in constant danger and that’s how this narrative get our tax payer money to fund these disastrous and embarrassing endeavors of daily human rights violations. Now coming back to subject, I think the re-detention is possible but they are not still systematically exercising it at least not uniformly. Also, third country deportation is defensible if you have timely legal assistance that can prepare a habeas as needed and a CAT case that will fall again for the same reasoning of your previous WOR and CAT case had on the imminent threat or death sentence if they repatriate you to your origin country or deportation country(es) mentioned in your final CAT order.
I agree with all this (though I am not sure exactly the meaning of “ipso facto”). Unfortunately, it seem our country is headed down a very dark path. Vilifying “the other” has worked very well. We are so fearful, that we are willing to give up our freedom. It remind me of a quote from my favorite founding father, Ben Franklin: Those who would give up essential Liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Take care, Jason
https://www.usnews.com/news/politics/articles/2025-07-04/judge-blocks-immigrants-deportation-to-south-sudan-one-day-after-supreme-court-clears-the-way
I did not think after the supreme court ruling another block would be possible and that this would go back again to Judge Murphy.
Update in Phan v. DHS — Emergency Motion Denied
Judge Murphy denied the emergency request yesterday to block the deportation of the 8 men currently imprisoned at a U.S. naval base in Djibouti.
The judge ruled that the claims raised in this new filing are “substantially similar” to those in D.V.D. v. DHS—a case where SCOTUS already issued a stay that allows deportations to proceed. As a result, the court said it is bound by that ruling and declined to intervene.
Terrible news for third country deportations similar situated non-citizens.
It does seem that we will now be sending vulnerable people to South Sudan. We are violating our international obligations and our moral principles. Individuals may still be able to fight these deportations, and how exactly this will play out, we will see, but it is obviously very bad. Take care, Jason
Jason,
I hope you’re doing well. I wanted to kindly ask for some clarification regarding the WOR process check in. Specifically:
1) Could you please explain who determines whether someone is required to check in or not?
2) What are the typical criteria that necessitate a check-in?
3) At what point is the check-in order issued? Is it during the hearing, or can it happen at any time even after the person granted the WOR relief from IJ?
4) Who makes the decision regarding the check-in requirement?
5) For individuals with a WOR who have held their relief status for more than 6, 7, 10, or even more years, is there still a possibility that they might be required to check in? What would trigger that?
6) If so, how would they be notified; by mail, phone call, or another method? Who would handle that communication?
I’m trying to better understand this process because I’ve heard that even if a WOR renews their EAD regularly, the address in the renewal application may not be updated by ICE because USCIS uses different systems than ICE (I learned about that which alludes to the next question). If ICE decides to send notices or letters, there’s a chance that a WOR individual who hasn’t been asked to check in could miss the communication or remain unaware of it.
7) What would happen with this situation? Does this mean the person unaware that they might have not followed the check in rule and now in jeopardy of the WOR status?
8) Would it be advisable to consult an attorney about this? Given the current circumstances, is it even beneficial to contact ICE to confirm whether a person with WOR needs to check in, especially if they haven’t been asked to do so before? My concern is that reaching out might draw additional attention to the case and increase the risk of an unwanted review, even for cases that have been granted long ago.
With the recent ruling, it appears WOR relief is not as strong as it used to, that, means, at any time, those already granted, even already established stable life here can be sent to the 3rd country or detained?
Thank you very much for your guidance and insights.
1 – ICE makes that determination. 2 – I do not know. 3 – ICE can make that decision at any time. 4 – ICE. 5 – Yes. ICE can require that. I do not know the criteria, but I think they want to force as many people as possible to check in, as they are trying to harm people and deter people from asylum/WOR/CAT. 6 – I think it is usually by mail, but they can contact people in other ways as well. I do not know about the compatibility of the two different systems, but I would be surprised if ICE cannot access the USCIS system for purposes of the address. 7 – If a person fails to check-in when ordered, ICE might try to come detain that person. ICE cannot take away WOR status, but they can detain someone. 8 – I am not sure what the best approach is, but I would make sure your address is up to date with USCIS. It would not hurt to talk with a lawyer, as maybe they know something I do not, but I am not sure there is much else you can do. 9 – Some WOR people are being sent to third countries. I am not sure how common this is, and there are ways to defend against it, though the Supreme Court seems to have made it easier to ICE to send people to third countries, at least that seems to be where things stand at the moment. Take care, Jason
Hello Jason,
Thank you for your informative blog and responses during these uncertain times.
Do you have any information or heard anything regarding how CAT/WOR grantees cases will play out with the recent third country Supreme Court ruling for now?
Given that CAT/WOR recipients all have a final order of removal and now seemingly no due process for a third country removal, is there any defense an attorney can assist with in this situation?
Another commentator just posted a link with helpful info about this from the Northwest Immigrants Rights Project: https://immigrationlitigation.org/wp-content/uploads/2025/06/25.05.27-DVD-Practice-Alert.pdf. The key seems to be to articulate a fear of harm in any country where DHS might try to send you. The problem is, they will not tell you which country and so in many cases, it may be difficult to state a fear. I imagine for some groups, such as LGBT individuals who are persecuted in many places, it will be easier than political activists, who may only fear harm in the home country. Take care, Jason
Jason,
Thank you for your response; I appreciate your assistance. I have a few follow-up questions:
1) Generally speaking, does the (WOR) continue to provide strong protection, or should individuals granted WOR be concerned about potential risks? With the recent ruling as well the new big bill that is about to pass.
2) If WOR remains a viable protection, what steps can granted WOR individuals currently take to bolster their case or ensure continued safety?
3) Regarding the proposed legislation/big bill currently under consideration, I understand there may be new rules concerning asylum claims based on gender identity, which could potentially put LGBT individuals at greater risk of having their asylum cases denied or excluded. Could you please confirm this or provide further clarification?
4) If this is the case, for individuals who were granted WOR many years ago, and whose country conditions have since worsened, what are the implications of reopening their case to seek full asylum? Specifically:
a) Would doing so now, or under the current administration, be considered a risky move?
b) Given the potential exclusion of gender identity in the new bill, does reopening a case from granted WOR to asylum carry a high likelihood of denial, and could this jeopardize their current granted WOR status, possibly leading to detention or deportation if the govt decides to challenge previous granted WOR by the judge?
5) Are there cases where granted WOR get challenged and send to third-country removal just based on their country of origin; assuming their countries listed in high risk under current admin?
It appears that risk remains prevalent regardless of compliance with processes.
Thank you for your insights.
1 – WOR is strong protection from deportation to the country where you fear persecution, but now that people are being sent to third countries, it does not protect against that. How frequently people will be sent to third countries, we don’t really know, but the Trump Administration is obviously pushing for that. The legal fight over this issue is ongoing and I am not sure how it will play out. Assuming the new bill passes, there is a lot more money for ICE, and so they can use that to spend more time harassing and trying to deport WOR and CAT people to third countries. 2 – There is a new article (written mostly for lawyers) about third country deportations and maybe that would be helpful: https://immigrationlitigation.org/wp-content/uploads/2025/06/25.05.27-DVD-Practice-Alert.pdf. Otherwise, probably just remain in contact with your lawyer and make sure you have someone who can take care of your property and vulnerable family members if anything happens. In other words, be prepared to contest any removal, but be ready for the worst case scenario as well. 3 – I do not know about this. 4 – If there were changed circumstances, maybe you could reopen such a case. I wrote about this on June 19, 2024 in the context of the one-year bar, but maybe it would help. I would talk to a lawyer about specifics in order to evaluate the options and assess the risks. 5 – We are hearing about the government trying to send people to third countries and an effort to expand this plan. How many people have actually been sent to third countries, and what is their background (i.e., so they have criminal convictions that makes them a priority to remove), I do not know. Take care, Jason
This is the new guidance for third countries deportations after Supreme Court’s ruling. NILA who is litigating with the District Court in Boston issued this for counsels.
Please be safe out there! WOR or CAT isn’t, for now while are litigations in the lower courts.
I am actively working with my attorney to reopen my case and file a motion to re-open, and subsequently waiver, adjustment status etc., based on my case. My I-130 is filed and actually waiting priority date now from the visa bulletin to have green light to proceed. Tough time requires quick and effective measures.
https://immigrationlitigation.org/wp-content/uploads/2025/06/25.05.27-DVD-Practice-Alert.pdf
MC
I am on the exact same boat. Waiting for I-130 approval to file for adjustment of status. Problem is estimated wait time is 22 months and with everything moving so fast I am hoping I don’t run into any issues beforehand.
Thank you for this. Take care, Jason
Hi MC,
Are you in process reopening your case granted WOR to convert/adjust to PR? I assume, you have someone to petition for you – I-130?
correct my wife and kids are LPR and U.S. citizens. yes first step is always I-130.
MC, if you don’t mind answering, were you granted WOR due to a criminal conviction?
I have checked-in today in SF.
I have WOR since 2018 and I have no criminal convictions. I was authorized to check-in by email this year on May 20, since May 20 I sent 6 emails but no response. But it took a toll on me. I was terrified every single day from May 20 until today because of not getting any response and I did not want to go to the SF ICE office to check-in in person because I was scared. After the Supreme Court’s 3rd country deportations ruling yesterday I have decided to go and check-in in person ASAP. Line was very long for the check-in and it was busy, but I did not see any aggressiveness going on, after waiting 2 hours in the line they took me in. I went with my friend who is a US citizen, they did not let her go in the building with me, she was waiting outside. I used to check-in on the 5th floor before but they sent me down to the 1st floor. The room was set up differently, it looked like a small DMV. I gave my 1-220B form along with the proof of printed emails I sent. I was told to sit down and wait, everything looked normal, nobody was detained while I was in the room with 10 plus people who were waiting to check-in. After 10 min an officer called my name and gave my 1-220B form back, she said no more check in by emails, only in person and I was given 1 year. I consulted with 3 immigration lawyers before I went to check-in and all of them said I should be fine and I should check-in without any problems, one of them said WOR is a strong status you will be fine. I hope this message eases up your worries for those who have not checked-in yet this year.
I am glad everything went well with your check in. It’s definitely a really stressful situation for anyone. I went through it at the end of May. I’ve heard from my attorney yesterday that a similar situation happened to one of her clients in California, one year was given as it is your case. Here in Indiana, they gave me 3 months and put me in ISAP app check in and virtual and home visits after 7 years checking in every year without any type of monitoring even one time (COVID) was for two years. My case is CAT deferral, every case is different and is on the discretion of the DO on duty in the field office. Plus, any order of detention issued from the ERO counsel office is considered. Additionally, your current personal circumstances and possibility of future relief is also considered. Obviously you have to present evidence of it. Btw, never ever before they asked me to apply for travel documents for any 3 countries I want and provide proof of that request in my next appointment not even when I was detained and I won my case back in 2018. Now they did!
Hi- my name is Joseph. I am from Honduras. I have been here since 2013. I got in trouble in 2016 for evading arrest which is a 3rd degree fenoly. I was 18 years old when all this happened. I completed my probation and I wasn’t convicted, however I was detained by ICE and I was granted CAT. Ever since 2016 I have been reporting yearly. I have to report July the 17th for the first time under the Trump administration and new city in Atlanta since I just moved here. I’m very afraid of what might happen.
I can’t go back to Honduras I was granted CAT because I’m gay. I went to school here and I have a good career. I will update next month if everything goes well.
As discussed in the above article, you should do your best to prepare to defend yourself if they try to detain or deport you. However, given your sexual orientation, there are few countries where you can be sent safely and so hopefully, they will not attempt to send you to a third country. Good luck, Jason
Jason do you think it would help if I hire an attorney to go with me to my check in?
An attorney cannot prevent ICE from detaining you, but sometimes, they can make an argument to try to convince them not to detain you. Also, the lawyer will be ready to take action, such as a request for bond or maybe a habeas petition (a case in federal court to try to get you released), if you are eligible for those forms of relief. So there is some benefit to bringing a lawyer to the check-in. Take care, Jason
WOR for 10+ years. In the Pacific Northwest. Checked in okay this week. Only diff is now it’s every six months rather than previous year.
What country?
There are people in southern CA who were granted deferral / CAT who have recently checked in for supervision still maintained on CART, still checking in only once a year with next check ins still one year away, in 2026. These are people who have lived continuously in the U.S. for many decades.
Trump asks the Supreme Court to neutralize the Convention Against Torture
https://www.vox.com/scotus/416163/trump-supreme-court-deport-immigration-convention-torture
How is this going to affect people with WOR?
Just a write up of the creative arguments that were included in the DHS filings of May 23rd and June 4th, to which the immigrants’ attorneys responded in their filing of June 4th. DHS says the same things over and over which is that they should be able to send people wherever with no due process as long as the government of the third country assures DHS that no one will be harmed.
Maybe there will be another filing from the immigrants’ attorney.
https://www.scotusblog.com/2025/06/immigrants-challenge-government-effort-to-deport-them-to-third-party-countries/
https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public\24a1153.html
DHS must feel that immigrants will be able to oppose successfully attempts to remove them to third countries, or else they would just allow the due process process to proceed. For example the immigrants intended for South Sudan, now stuck in Djibouti, apparently there is no way to give them a hearing over there or it would have happened by now.
Over all it just shows that Trump’s DHS is desperate to remove people as quickly as possible with no recourse.
We will have to see what happens with this, but the Torture Convention is a different law from WOR, and so it would not necessarily have any effect. Take care, Jason
My name is Julian, my husband was detained in the immigration office since December 12 and May 22nd he was granted withholding removal and CAT but have not been released, he was told he will be deported to a third country, pls do anyone know about such people in the detention
What happened was he taken in at some kind of reporting check in, or at the end of a prison sentence. How serious were his crimes? How long has he been in the U.S. and what was his immigration status the whole time he has been in the U.S?
What country is he from? After they designate a third country he should have a right to claim a fear of torture for being sent to that country. Also, if that third country will not accept him permanently he may argue that sending him there is a de facto refoulement (return) to his original country which will result in torture anyway.
Can you please give us more information around his case? was he at a check-in and got detained? what kind of criminal convictions (if any)? what country is he from?
He is a Nigerian, he has committed no crime just an illegal immigrant who entered US through Mexico and went straight to the immigration camp so he can get a valid paper to be in the country
There are limits to how long he can be held in detention and if they try to send him to a third country, he has a right to a credible fear interview to try to show that he faces danger in the third country. Maybe you can talk to a lawyer for help, as this is a very difficult and unjust situation. Take care, Jason
It does seem that they are harder on recent arrivals, if he had arrived more recently they might not have even allowed him to get as far as court at all from what I am reading and hearing. At least he made it to the point of getting granted some relief, which apparently took 5 months, not sure why he didn’t get asylum versus withholding/CAT.
Seems that this is what happened to your Nigerian husband.
https://immigrationimpact.com/2025/06/11/trump-grant-deport-policy-could-lead-to-more-kilmar-abrego-garcia/
It is complicated, but certain people (who enter between ports of entry?) and apply for asylum are apparently ineligible under Biden era rules. And now under Trump, even if they are awarded the alternative to asylum, Withholding / CAT, they are not released and threatened with third country removal even if the grant of Withholding / CAT is upheld.
It would seem to be a targeted policy to discourage Asylum claims from new arrivals, or put those who are able to pursue relief in a situation where they do not benefit from winning Withholding / CAT. The policy may lead to “chain refoulement” where someone is sent to a third country that just expels him to the country of citizenship anyway – anyone in this situation should argue that sending me to this third country that will not accept me permanently is simply a de facto removal to my home country.
Thank you for this information.
Do you think people who were granted Withholding of removal in the past are currently at risk from these current changes in rules?
For example, I was granted WOR to Sudan 11 years ago and never had check-ins with ICE. I do however renew my EAD yearly, would they attempt to detain & deport someone in my position?
Unfortunately, I think there is some risk, as we are hearing about the government trying to send WOR people to third countries. I have no idea how common this is (and I think it is probably not that common), but if you have an ICE check-in, it would be a good idea to be prepared for that possibility, as discussed in the above article. Take care, Jason
Hi,
I have experience and was granted this many years ago. So, yes, technically they will try to deport him to a 3rd country. However, it’s extremely uncommon for a 3rd to actually accept a deportee if they have no citizenship or relationship with that country. In the past its been more so a technicality that they tell you you must ask 3 countries to accept you. Usually, they don’t even get a response back. The law says the government can hold you for an additional 90 days after his order and then he can be released on supervision as long as he’s not a “threat or danger to the community”. That’s how it went in my case. However, as you know the current administration has been working hard to try to get 3rd countries to accept some of these people. Some of the gang members from El Salvador and neighboring countries have been sent to CECOT and he tried to send a few people to South Sudan but these were people with some of the worst crimes and criminal records. One very important word of advice. They can’t deport you without a passport or travel document( at least not supposed to). Idk if he’s already provided one or his exact situation. Everyone’s details are different. I had a law library on my block while in detention. I knew the legal details of everything involved with my case and even wrote a letter to the ICE district director myself as to why I wasn’t a danger to the community and they ended up releasing me before 90 days even. I hope your husband will be home soon. I suggest consulting with your lawyer and even looking up the laws yourself or that your husband does it himself if possible, so you are familiar bc lawyers may not know everything or remember everything all the time. None of this is legal advice either and I’m not a lawyer myself and best of luck
My brother was a green card holder he lost it because he was find guilty of conspiracy to assisted a marriage fraud.now his on WOR status,can he be deported?
Hopefully not, but the government is trying to send some people with WOR to third countries. I wrote about that on March 12, 2025. Take care, Jason
I’m from Iran and I got into some trouble several years ago. The judge ordered me to be removed but I was released under CAT. I have been reporting once a year or every six months since 2014. I have to report June 17th in TN. This would be the first time I would be reporting with Trump in office and I’m terrified of wheat might happen and being detained. I have 3 kids and a wife and I don’t want to lose them. Does anyone have any idea what could possibly happen? Thank you.
You cannot be deported to Iran with the CAT order. However, they could try to deport you to a third country. My sense is that this is pretty rare, but they could try. If so, you need to be ready to fight that order and explain why you would be in danger if sent to the third country (you won’t know what country they plan to send you to until they tell you). You may want to talk to a lawyer who does detained immigration cases and have the lawyer on stand by if needed. If you are detained, the lawyer will need to act quickly to make a claim for protection (called a credible fear interview) or maybe a habeas corpus petition (a lawsuit in federal court to prevent your removal). Try to find a lawyer who does both types of cases. Most people seem to go to these appointments and are ok, but if you are prepared in advance, that would be the way to try to protect yourself. Good luck, Jason
You should be fine, for the most part ICE is detaining people they have a hope of removing to their actual countries, and even Iranians granted no relief (sounds like you got either withholding of removal or deferral of removal pursuant to CAT, correct?) who simply have said “deport me” and then were released in the past, are not being detained at their check ins.
I assume you are on a I-220B order of supervision.
Third country removal is an afterthought DHS is pursuing after detaining someone hoping to return him to his home country and then being unable to do so because travel docs are not issued. Unless your record is really bad DHS isn’t currently taking in people simply on the hope of removal to third county.
Farzan,
How did it go? Hope you are ok.
Did everything go okay at your check in Farzan?
Sorry for the delay on the respond , thanks to god everything went normal as usual, ice agents didn’t said anything, I did my check in with no delays . The only thing is that my appointments are for every 6 months, I try to talk to an officer to see if they can go back to 1 time a year but he said that is not possible because that’s a superior order. Hope every body be safe and please pray to god so we can stay without been on fear.
Hi Oscar,
I am glad to hear you are ok. Do you have WOR or CAT? And which state are you in? Thank you.
Central Texas , I’m ordered to be deported but I’m under CAT WOR order signed by an immigration court judge.
First and foremost, I’m glad you are ok Oscar! Now two questions here of you don’t mind me asking, what country your removal had been withheld with the WOR order? Did they not mention anything about a third country removal at the check in appt ?
I think this might help to ease nervousness on others like me in their upcoming appt.
Thanks
Hi everyone,
Can you all share (WOR-CAT) your last ICE check-ins in person experiences especially after January 20, 2025 please? Thank you in advance.
Hello my name is Oscar , first of all I wanna say thanks to all the people who’s been sharing they experiences during this hard time , especially the people protectected under CAT WOR cause I know for what your passing through , tomorrow 04/14/25 will be my day to show up to ICE office in San Antonio TX, I’m under CAT WOR I know it’s hard for all of us because there’s minimum or almost no info about or legal situation been affected , please pray for me and if everything goes well first God , I’ll post an update . God bless you all.
I wish you best of luck. Please let us know what happens. Thank you, Jason
Anybody knows if Oscar is ok ?
Sorry for the delay on the respond , tanks to god everything went normal as usual, ice agents didn’t said anything, I did my check in with no delays . The only thing is that my appointments are for every 6 monts, I try to talk to an officer to see if they can go back to 1 time a year but he said that is not possible because that’s a superior order. Hope every body be safe and please pray to god so we can stay without been on fear.
For people under the Withholding of removal:
Recently it was reported the case of a person under the WOR status, forcefully deported by ICE despite his withholding of removal status
Abrego Garcia, who lives in Prince George’s County, Maryland, was deported in March 2025. His lawyers allege this happened without any legal proceeding and in violation of the “withholding of removal” order issued by an immigration judge in 2019.
https://www.cbsnews.com/baltimore/news/maryland-father-deported-el-salvador-abrego-garcia-us-immigration/
I’m in a person under WOR from 2011 due to report with ICE on July. Similar scenario: US citizen wife, 4 US citizen kids, the youngest of them with a life-threatening medical condition.
If you believe Trump 2.0 immigration enforcers will have any compassion for you or for your family, you’re either naive or you’re from LaLa land.
Brace yourselves for a brutal purge. Families of thousands will be separated in many cases for ever.
Many of us will endup in detention facilities designed to brake-down your very soul by being mentally and physically tortured. Many of us, upon being returned to the heands of the governments from which we run from, will be killed.
The absolute today reality.
Having the news of this precedent happening, are you going to gamble your life by reporting to ICE as scheduled?
Are you going to walk in to that building knowingly that it may be the last day of your freedom on a FastTrack of the desecration of your family?
They don’t care if your family will become homeless, will be hungry, thirsty, seek, or fall victim of abuse or worse. This is whom Trump 2.0 it is with respect of your status.
You don’t fix the law by braking the law. Those are Godless, heartless cold blood humanoids species.
History will judge them, karma will follow them.
Nothing goes unpaid.
May God bless all of you!
Mike, your post was heart breaking to read. I really feel your pain and understand how as the father of young children you are living with this fear.
Please know that my family member attended his check in today and everything went well. He was given a one year next check in.
This is a CAT recipient with a deferral of removal due to a past criminal conviction/final order of removal.
I hope this experience brings you some peace. Stay strong!
This is very good news! Makes me happy for your family! I’m the same position. May is my appt. Terrified!
How did you check-in go? Please give us an update!
Mike, your post was heart breaking to read. I really feel your pain and understand how as the father of young children you are living with this fear.
Please know that my family member attended his check in today and everything went well. He was given a one year next check in.
This is a CAT recipient with a deferral of removal due to a past criminal conviction/final order of removal.
I hope this experience brings you some peace. Stay strong!
Mike-
Are you planning on staying as WOR forever? That’s a very tenuous plan if so. Are you trying to get a green card or eventually become a citizen? What’s the point of being here for 14 years under WOR? I really don’t understand this. Under WOR, you can still be deported, just not to the country specified under WOR. Why risk that?
Hi Avery,
I’m sorry for such a late reply.
I’m a former military officer from my country of origin in Eastern Europe. Recruited by US military intelligence to perform as an asset during the mid 90s Balkan war.
Ended up imprisoned by the corupt government of my country, stripped of my fundamental human right of a citizenship, becoming stateless. Prison brake escaped I managed to reach the US after dodging death hundreds of times crossing several African, South and Central America countries.
Arrived in US without inspection with help from other assets like myself, and dumped by the very US government I served with absolute loyalty.
Following the advice of my contacts, I stayed in complete shadow for 10 years. After I meet my wife a US citizen I started a family, (currently 4 children), I applied for everything legally possible unsuccessful.
The Judge had my hearings under the seal, and the only remedy was WOR.
My worse nightmare is that eaven if I’ll decide to live the US, no country will accept me for nr1 being a stateless, and nr2 for my background.
I was in a process to request a Presidential Pardon with the help of brave high ranking retired military officers I served with for 5 years.
The current administration is a chopping machine ready to sacrifice and obliterate anyone within their path.
July 23 is my reporting day. I’m still not finding the courage to openly talk with my kids about the possibility of not attending the same school, not living in the same home, not having a father, and the sole financial support.
I never feared death. What I fear the most is loosing my family.
This is very sad, not least of which for our country, which uses and abandons people who are loyal to us. I recommend you talk to a lawyer before your check-in, as it is possible to fight deportation if they try to send you to a third country. You can explain why you face harm in that third country and that can ultimately form a defense against being sent there. You may also need a lawyer standing by to file a habeas corpus petition in federal court, which is a way to get released from detention or at least a way to avoid being sent to some remote part of the US, away from your family and your lawyer. Good luck, Jason
Hi Mike or anyone with upcoming appointments, I am not sure what state or city are you reporting but I’ll give you some hope from here in the Midwest. ICE is not necessarily detaining WOR OR CAT grantees, instead, they are giving you appointments for another 3 or 6 months depending on relief available for each individual. Remember ICE officers on these offices are not very knowledgeable of the law. They just take orders from the OPLA offices whom review cases. Also, they are ordering you to look for threes countries where you can requested travel documents for a third country removal and their responses, in case there is any, for the next appointment. You gotta provide proof of this.
They might put you on a more restricted supervision using ISAP (gps ankle or app supervision). It seems likely they are doing the groundwork to detain WOR or CAT grantees, however, in my case we provided (attorney and myself) with a plan of what are we doing to move to adjust status or relief and both DO’s ( deportation officer) were very interested and receptive to the argument commenting: we are going to add this and that on the A-file and you are free to email us updates. We could give you on the next appointment another 3 or 6 months. I guess what I am saying is, there is hope! I was in your position, very depressed and down especially with the idea of not seeing my family or being detained was killing me. But you have to keep yourself strong and prepare for the worst and expect the best. These are really though times!
Sorry for the grammar errors on my previous messages, phone writing is crazy!
Thank you for sharing this. Take care, Jason
Keep in mind that both Abrego Garcia from El Salvador, and the gay Guatemalan D.V.D. sent to Mexico by mistake were both returned to the U.S., so even this DHS recognizes that withholding or deferral pursuant to CAT must be obeyed.
Hey Mike,
Just FYI I’m also in the same situation. Been granted DOR technically under CAT in 2012. Been checking in every 6 months ever since. I just checked in today and had no issues. I have criminal convictions as well which is why I have this status to begin with. Was seriously contemplating not showing up also but I had no issues. Most likely if you dont have any very serious crimes on your record you should be fine. However, i also have no passport so theres that. Best of luck
It all seems pretty arbitrary. One tip is to show up as late as possible during the day. That way, the people who came early might be detained and fill up the bed space, so they will not be able to detain more people. Whether that will actually work, I am not sure, but I’ve seen discussion about it on my list serve and it makes some sense. Take care, Jason
Hello Lex,
I am glad to here that everything went well with your check-in today.
Which state are you in? Did an ICE offecer tell you anything? Thank you in advance.
hi Jason
Referral to an Immigration Judge:
If the asylum officer determines that the applicant is not eligible for asylum, but the applicant is not in lawful immigration status, the case may be referred to an immigration judge for further consideration
MY QUISTION is Referral to an Immigration Judge considered as placed in removal ,rescission, or deportation procceding
Yes – if you are in immigration court, that is a removal proceeding (maybe in the old days, it was a deportation proceeding). Take care, Jason
This is a very fresh news.
Judge’s Order Slows Trump Deportation Plans for WOR and CAT
https://www.nytimes.com/2025/03/28/us/politics/trump-deportations-judge-order.html
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.34.0.pdf
It is a positive development (assuming the Administration does not violate the order, which always seems possible). It makes sense, as the Administration wants to whisk people away to third countries (such as El Salvador where they are subject to conditions that may be torture) without due process of law. Presumably, this will be appealed and it does seem like an issue that could be decided by the Supreme Court. Take care, Jason
Is detention mandatory in these cases ?
Hello Jason,
Below news is very fresh. It is about WOR and CAT. Any thoughts and comments will be appreciated. Thank you in advance.
https://www.nytimes.com/2025/03/28/us/politics/trump-deportations-judge-order.html
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.34.0.pdf
Hello Jason,
Any thoughts and comments about Judge Brian E. Murphy’s TEMPORARY RESTRAINING ORDER for WOR and CAT holders issued on Friday afternoon, March 28, 2025?
Hi Jason
i have a green card through IJ approval back in 2019
in 2018 my asylum case was rejected and transered to immigration court,
my Quistion when i fill my citizenship application quisition no 20
-have you ever been placed in removal ,rescission, or deportation proceding
i am very conused what to say, Yes or No
If you have a case in Immigration Court then you were in removal proceedings. I think there is also another question about whether you applied for relief from removal and if you got a GC from the judge, then it sounds like you did get relief from removal. Take care, Jason
Hello my name is Oscar , first of all I wanna say thanks to all the people who’s been sharing they experiences during this hard time , especially the people protectected under CAT WOR cause I know for what your passing through , tomorrow 04/14/25 will be my day to show up to ICE office in San Antonio TX, I’m under CAT WOR I know it’s hard for all of us because there’s minimum or almost no info about or legal situation been affected , please pray for me and if everything goes well first God , I’ll post an update . God bless you all.
I wish you best of luck. Please let us know what happens. Thank you, Jason
Hi Jason,
I was granted CAT back in 2018. Since then I was released from detention on ICE supervision every-year. My next appointment will be in May this year. Obviously, this appointment had me all nervous because all the anti- immigrant atmosphere we’re living right now. Is there a chance, in your opinion they can try to detain me trying to deport me to a third country not designated in the IJ’s order at that appointment? My thoughts were that after NASRALLAH, it was clear that the Supreme Court after reasoning that CAT orders are distinct from “final orders of removal.” CAT and WOR holders were more protected. Additionally, after I read your last advice on the article guidance you’ve posted (much appreciated) the risk is present due to ICE might try to remove you to a third country without trying to revoke your CAT status in court first. My wife and two sons are LPR’s and my daughter is an US citizen. I haven’t file I-130 yet because I was trying to do it when my wife becomes an US citizen which is eligible next year. It seems I would have to file it before that appt with her being LPR and wait the longer, after approval I was planning to send a package to the DHS Counsel with my case’s jurisdiction to request them to join me in a petition to reopen my case to adjust status subsequently if all goes well. I guess I’m basically very worried about the upcoming appointment being the sole caregiver to my 8 years daughter due my wife’s schedule at work. Any clarity and your thoughts on this will be greatly appreciated. Btw, I’m a paralegal I got my certification while I was in custody to aid myself and my attorney on that very difficult battle we endured which I thought ended obtaining CAT status.
Regards,
Mario
It is a real disgrace that you have to worry about this. Assuming you are eligible to get your status when your wife becomes a US citizen, maybe she wants to file the I-130 now, so that it is another piece of evidence in your favor and that the process is started. Otherwse, I have not heard about an effort to deport CAT or WOR people to a third country, and presuming you do not have a criminal record, I am not sure you would be a priority for that. While I certainly understand why you would be worried, given what we have been seeing so far, you will probably be fine. I guess if you have a lawyer, you can make your lawyer aware of the check-in, and so if something needs to happen quickly, the lawyer can hopefully move fast to help you. Again, I think it is unlikely, but if your lawyer is ready to take action if needed, that would not be a bad thing. Take care, Jason
Jason,
I just came across this class action lawsuit regarding WOR and CAT cases. There was also mention of a directive on Feb. 18th regarding specific WOR and CAT holders.
https://humanrightsfirst.org/library/class-action-lawsuit-challenges-unlawful-deportations-to-third-countries/
Interesting – Thank you for sharing this. I will take a look. Take care, Jason
Hello,
I have a family member granted CAT-deferral of removal due to criminal conviction where green card was taken away. This years Check in was in February and was asked to return in April. Check ins were yearly under last administration but have been anywhere from initially monthly to every 3 months to once a year in the past. CAT was granted 23 years ago after a final order of removal.
Spoke with an attorney to come to ICE check in and they suggested preparing a stay of removal if needed, but not sure if given the current status that would make a difference in this administration. Concern is third country removal and detention during that process.
Any information would be greatly appreciated.
I just don’t have much info about this. It seems like some people are being detained, but it is unclear how many, or if there are particular people who are targeted. Also, it is unclear how the procedure would work if you wanted to try to get a stay of removal. Most likely, you would need to file a habeas corpus petition with a federal court (not an immigration court). If you are detained, that would have to be filed quickly, while you are still in your local area. It seems that once ICE detains a person, they quickly transfer them to Louisiana, and once that happens, you would have to file the habeas with a federal judge in Louisiana, which will probably be a lot more difficult (this is exactly why they transfer people – to make it harder to file a habeas). Maybe talk to the lawyer to see if the lawyer thinks this is the best option and if they can do it quickly, should that be needed. Hopefully, ICE will not detain you, and I get the sense that most people are not treated this way (I just had a client do an ICE check-in, and he was not detained; he is an asylum seeker, but he only entered recently and such people are more vulnerable to being detained). However, it is better to be prepared just in case. Take care, Jason
Hi
I received RFE for a GC asylum based.I stated in my application that I have been cited(speed,traffic camera) and that I paid fines.
The RFE ask me to submit the proof of payment of all fines.
1. Do I have to print a automatic confirmation of payment sent to my email after payment or they need some certified documents with stamps? Every time I pay traffic ticket a confirmation of payment is sent to my email, can I just print all of them and submit it as proof of all payment?
2. How long does USCIS take to give a decision on my GC application after they receive my reply to the RFE.
1 – It seems idiotic for them to ask about this, but I guess you have to give them what they want. I do not know that the email receipt is enough, but maybe there is nothing else. I would try to get a better proof of payment, but if all you have is the email, you can also include a copy of the ticket and maybe a copy of your bank or credit card statement to show the payment was made. 2 – That is not predictable. It used to be pretty fast for most RFEs, but lately, it is not predictable and it could be fast or could take months. Take care, Jason
Hi Jason,
I hope you’re doing well.
I’ve had WOR since 2019, and recently, I went to the DMV to get a REAL ID. However, I was told that the A10 category is not eligible for a REAL ID. I thought having a valid EAD would be sufficient. Is it correct that A10 is not eligible?
I don’t have a passport, and it seems that without a REAL ID, I won’t be able to travel domestically by plane. I also don’t have any criminal background, and I filed my asylum case on time. Would I need to reopen my case?
Thanks for your help!
I do not know the rules about REAL ID and driver’s licenses, but that may be correct. The DMV website should have that info or you can ask them to see whether there are other documents you can get to try to satisfy the requirements. Otherwise, you could talk to a lawyer about whether it is possible to reopen your case to get a better status. That is not easy, but it might be possible depending on the situation. Take care, Jason
Jason, I have two questions to ask you please first of all if we sign up for self deportation can I go to another country of origin for which I don’t hold a passport you must remember sometime ago I wrote to you that Pakistan government is not issuing passport to asylum-seekers where my case is not even approved, but they’re still not giving me the passport. I want to be able to go to a different country where my husband and kids are going do you think self deportation will help me or will I get stuck at the immigration in that country since I don’t have a passport Secondly, I don’t want to ask you if I want to withdraw my asylum case over here will they put me into remove proceedings immediately am I risking my status here are they gonna cancel the work authorization and can I come up at our doorstep to question us please let me know the answers to these two questions. Thank you.
I doubt their “self deportation” will benefit you in any way, and so I do not know that there is any valid reason to do that. We will have to learn more as the policy is implemented, but it seems like a sham to me. Also, withdrawing the asylum case could cause them to send you to immigration court. I do not know the policy of getting a passport, but it seems like it is better to get the passport, then leave the US, and only then requested to withdraw the asylum case, as that way, you can provide evidence that you are outside the US and can avoid being sent to court (where you would eventually get a deport order). Maybe you want to talk to a lawyer to help you make a plan to leave without a deportation order, if that is important to you (if you get a deport order, it will bar you from returning to the US for 5 or 10 years), or if you need help getting a new passport. Take care, Jason
Hello Jason,
I am a single mother of 4 kids we were legally admitted into the US and we all are here in the US. I applied for asylum and was referred to court. My first hearing will be at the end of this year. Myself and my fiance (American citizen) would like to officially tie the knot next month in April. My questions are;
1. Is there any of Trump’s laws that will negatively affect us?
2. Will the marriage affect my asylum court case? Will the case be dropped or canceled?
3. How will my children all below 20 be affected? Will they be able to get a green card from my marriage?
Thank you so much Jason for all you do.
1 – That is impossible to say at this point, but there are currently no changes that I know about that would affect a marriage-based case for someone already in the US. 2 – The court case will continue. You can try to postpone the case to process the I-130 (your spouse’s petition for you) and if that is approved, and if you are eligible to get a GC inside the US, you can ask the court to terminate your case. 3 – This varies by age and I am not sure about the rule. However, your spouse (their step-parent) would need to file I-130 petitions for them as well. This is potentially a complicated situation and there is no guarantee that marrying a US citizen will result in your case being dismissed or will allow all your children to get green cards. Therefore, I strongly recommend that you get a lawyer to review the situation, see if you and the children are eligible to get GCs, and file the I-130 petitions as soon as possible. Take care, Jason
Jason,
I have a hypothetical question about denaturalization since there is a lot of talk about it. I am aware of the process of how the federal action is initiated, but my question is more about what happens next if the action is successful. There are some countries that do not allow dual citizenships, such as Singapore, China, India, etc. If any of their citizens acquire a citizenship of another country, then by law, they lose their citizenship. Technically, they are required to surrender their passport, but even if that’s not done, the loss of citizenship is by statute. So if the US de-naturalizes them, they are effectively rendered stateless. So where do they get deported to? Obviously, their old country will not give them a passport. I’m honestly just curious how this would work. As a lawyer, are you aware of any of such actual instances and how they actually panned out?
I do not know of an example where that happened, and so I do not know. I would guess if a person were de-naturalized, the person would need to get a travel permission from their home country, and failing that, they could not be deported, or perhaps they could be deported to a third country, if there were a place will to take them. Take care, Jason
Hello everyone.
If any receipient of WOR member of this blog, recently have reported to EOR for the yearly report, please share with on this blog your experience.
Myself I’m under WOR reporting every year as required for the past 14 years.
During T1 administration, I faced a lot of pressure from EOR to provide a valid passport from my country of origin, from where I have left 27 years ago.
My birth country have declared me stateless by withdrawing my citizenship. If I’ll step in any of the diplomatic mission Embassies of that country I feer persecution or death.
With T2 administration unprecedented immigration actions, I fear that on my next scheduled reporting day, I may be indefinitely detained and possibly deported to a country I never been to. Eaven worse, I’ll face imminent death do to my health and permanent disability condition. I’ll be dumped in a country with no ties to my language or culture, homeless and separated from my family.
Having a spouse and four children all US citizen is irrelevant for the T2 administration new policies.
So, going to the yearly report it will be equal to slow, extremely tortuous death. My body will probably be dismantled and cremated, my family will not have a grave were to light up a candle.
Is a reality I may have to face, despite all support from my family.
My grand parents have faced the german nazi ethnic discrimination during WW2 at the hand of an extremist populist regime of Adolf Hitler.
80 years later a different form of human extermination is emanating. Welcome to the future.
It is very sad that you even need to worry about this. Our country has really lost its way. First, I have not yet heard about any systematic effort to deport WOR people to third countries, so hopefully, you will be secure. Second, it may be worth looking at your options with a lawyer. If you have been here so long and you have US citizen relatives, maybe there is something you can try. Third, if you have evidence of your medical condition available, that could potentially be used to help prevent you being sent to a third country, and so if you keep that evidence available, you will have it if you need. Take care, Jason
I am currently applying for naturalization, and a few years ago, my SSN was compromised due to the Experian data breach. Someone fraudulently opened a credit card under my name and attempted to make purchases. I immediately reported the identity theft to the FTC, reported it to credit bureau and cleared the fraudulent account, and froze my credit. Since then, I have not experienced any further issues.
Now that I am applying for U.S. citizenship, I want to disclose this situation, but I noticed that the naturalization application (Form N-400) only asks about crimes committed by the applicant, not incidents that happened to them.
I’m unsure whether I need to mention this situation or where it would be appropriate to include it. Has anyone had a similar experience or any advice on how to handle this during the application process?
I do not see why you would need to mention this and I do not think it is relevant to the naturalization case. It sounds like you have documentation about the incident, so you can provide that if USCIS asks, but I do not think you need to include it. Nevertheless, double check the public charge questions to be sure none of them might ask for such info. Take care, Jason
Hi
I have a valid Travel Document and I’m considering traveling in April. However, a lawyer advised me not to travel before receiving my Green Card (I’ve been waiting for two years, and it’s still pending).
Is there any risk that I might not be allowed to re-enter, even though I have no issues or problems?
Has anyone recently traveled with just a Travel Document without a Green Card? If so, please share your experience.
Thanks
My R travel documents shows im Jordanian but Im a Palestinian who applied asylum from lebanon , I travelled before and came back fine before Trump’s administration
So im not from the ban countries
I think if your country is not on the travel ban list, you should be ok. However, this Administration seems to really hate Palestinians, and so I would just watch the news to see if you hear about anyone who is not from a listed country but who has trouble anyway. The ban will supposedly be announced soon, so hopefully, we will start to get some clarity about who is affected and how it affects them. Take care, Jason
If you have a valid travel document, you should have no problem re-entering. However, it sounds like there will be a travel ban for a number of countries, and if your country is on the list, you should not travel, as you may not be able to return even with a travel document. The travel ban will supposedly be announced in the next few days, and so you should have a better idea about how it affects you, and then you can decide about traveling. Take care, Jason
Hi Jason
I was referred to EOIR by USCIS AO after she accused me of material support when I was minor and didn’t know who they were and my action were as simple as giving glass of water.
In EOIR, I was approved and the government attorney didn’t appeal. I have no criminal or any records as clean as one can be. I already got my GC. Now with Rubio’s claims of national security, and detaining activist, do you think the risk is high for anyone who were accused of material support but granted later due to arbitarity interpretation of law?
You are safe bro. No need to worry.
I think the risk is very low. The odds of them revisiting your case seem extremely small, and what they did in the Columbia student’s case is a pretty rare event, given that the Secretary of State needs to be personally involved in the case and that seems unlikely unless you are a high profile person. Take care, Jason
On a bit lighter note, the White House twitter (X) account has started posting troll posts such as “Closing time. You don’t have to go home, but you can’t stay here”
https://x.com/whitehouse/status/1901658649522503816?s=46
They do seem to get pleasure from mocking other people’s pain. I am not sure that that will end well for anyone, immigrant or US citizen. Take care, Jason
Thank you Jason for your work!
A hypothetical question, is it possible somehow a judge to order an opportunity to apply for cancellation of removal without being in court for a pending asylum applicant where another option would have been available but there was a clear error from them and there is no other way to remedy their error and due the passing of time the applicant is eligible for cancellation but not in court, he got stuck in the decades because of their error and there is no way to get unstucked, he would have been able to be in immigration court and apply but he is not solely to their error.
Sorry, I do not understand the question. In general, once the Notice to Appear (NTA) in court is issued, the clock stops for purposes of calculating the 10 year period. Maybe there could be an exception to that rule and you might want to talk to a lawyer about that to see if it is possible. Take care, Jason
Hi
How can I know if I am banned from entering the U.S., even if I have a valid Travel Document?
Due to an arrest, a case, or any other issue, is there any FBI check I can do or any immigration check I can request before I travel?
You can talk to a lawyer to review your arrest record and see whether a particular conviction or other issue makes you deportable. Otherwise, if you have a valid travel document, you should be able to re-enter the US, as long as you are not subject to a travel ban. At this point, a ban seems to be coming, but we do not know exactly who it will affect. Once it is implemented, we will get an idea and then you should be able to tell whether it is safe to travel. Take care, Jason
Which attorney? Immigration or my Criminal Defense Attorney ?
Thanks alot
Ideally, an immigration attorney who has experience with criminal issues and how they impact immigration status. Take care, Jason
Hello Jason,
Thank you for your efforts. I have been following you since I submitted my asylum case in 2017. I have a question which is not related to the topic above, but maybe you can point me to the right article. In brief: I applied for asylum in 2017, got notice of removal after my interview in 2018, then married an American citizen 5 months later, and got my 10 year Green Card in 2021 from the court. Four months after this my wife filed for divorce, which was finalized in 2022. I am now remarried to an American citizen since 8/2024. During the last 4 years I visited my home country twice. Each time for around 14 days. I have also taken 4 other international vacations during this time. I booked another trip back to my country in May for another 2 weeks. I have no criminal records or even traffic violations. I know there is no guarantee, but do you think I am risking my situation or my potential citizenship by going on this trip?
First, you have to pay attention to any travel ban, to see whether it impacts you. Otherwise, I think there is some risk in returning to the home country, as you previously had an asylum case from there. You should be prepared to explain why you returned and how you stayed safe. I wrote more about this on January 6, 2016. In general, unless the trip causes the US government to conclude that your original asylum case was fake, you should be ok. However, the Trump Administration is doing everything possible to target non-citizens, and so this could be a way to target you. If you want to be safer, maybe you can meet your family in a third country, at least until we have a better sense of whether the Administration is targeting people who return to the home country after filing an asylum case. Take care, Jason
Hi Jason,
Hopefully, this will be the last question before my interview.
I-485 form, 2023, Have you ever been arrested, cited, or detained for any reason by any law enforcement official?
I checked, NO. My reason was I have never been arrested here in the USA. My political arrest back home did not produce any document of arrest to present. I did file my asylum case back in 2016. But this is the I-485 form that I submitted, and I have a marriage-based interview next week. I have contacted people who are approved with No as the answer despite we have the same situation. I get a mixed response. Here I am again, waiting for your reply which I always follow. My fear is if i say yes, and i don’t have any supporting documents to present now
Thanks
Blessed day.
Maybe you can argue that “no” is the correct answer because it was an unlawful arrest, but whether you say yes or no, I think you need to circle the question, write “see cover letter,” and provide an explanation in the cover letter (that you were subject to an unlawful political arrest in your country and that was the basis for your asylum case). As long as you reveal the arrest and USCIS does not think you are trying to hide the arrest, you should be ok. Take care, Jason
Hi Jason,
With the uncertainty surrounding the upcoming travel ban and the lack of clarity on whether green card holders will be included, I wanted to reach out for guidance. As a green card holder based on an approved asylum from a tier1 country of the countries likely to be affected—I have some concerns about my travel situation.
Since June 2024, I have had a pending RTD application and have been traveling almost monthly between the U.S. and Mexico for my studies. I use my home-country passport, green card, and temporary Mexican student residency for travel. This arrangement will continue until June 2026, when I am expected to complete my studies.
Given this, I have the following questions:
1. My rights: If I am stopped by DHS upon re-entering the U.S., what are my rights? My primary ties are in the U.S., and my stay in Mexico is temporary for educational purposes, with my studies funded through federal student loans. Can I request a lawyer? Should I avoid signing any documents, as I’ve heard DHS may present paperwork for travelers to sign?
2. Process: What is the expected DHS process when they stop/detain travelers in both CBX and airports (LAX). Do they detain people in a room? Do they send them to court? Will detainees have access to their phones during the process? Can they take my green card, regardless if they decide to deport or not?
2. Re-entry Permit vs. RTD: Can I apply for a re-entry permit while my RTD application is still pending? If so, would this be advisable? Would having both an RTD and a re-entry permit offer any advantages? Are Re-entry applications processed faster?
3. Is crossing the border using San Diego CBX bridge better or booking a flight to LAX considered safer?
4. Travel Documents: When traveling back and forth, I carry copies of the following:
• RTD application receipt
• My home-country passport (original and copy)
• My green card (original and copy)
• My Mexican temporary residency card (original and copy)
• A copy of my RTD application, which includes my explanation to DHS regarding the renewal of my home-country passport.
• Federal loan documents and University acceptance letter showing the expected time frame of my study.
Are there any additional documents you recommend I carry?
Looking forward to your advice and thank you very much in advance for all the guidance
I wanted to add that I am not originally Mexican.
Hi Mea, can you tell me please about your travel on Gc+COP passport. Any problems? Any questions from CBP when you enter the country? I have an RTD, but a lot of countries DO NOT accept it or you need cisa which makes 0 sense since its valid for 12m and it takes 14 to get it…
Thank you !
Hi,
I am using my COP passport to re-enter the US along with the GC as I have to. I took the risk as I was in a situation of taking the chance or losing it. However, the situation was easier and taking the decision to risk was easier.. I have not had any issues entering the US. In some instances, they asked for my passport and I provided the CBP with my COP passport. Nothing happened and everything was easy going. In the vast majority of cases, the GC alone was enough to re-enter. Hopefully that helps. Thanks
That is good to hear, but going forward, pay attention to the news in case there is a travel ban, so you know if you might be affected. Take care, Jason
1 – As a person with asylum and a valid travel document, you would be able to return if there was no travel ban. However, we do not know what the travel ban will look like, and we do not know how it will be enforced. Also, people arriving from overseas have less rights than people who are already here. That said, I have no idea how things will be when you try to return, and I would recommend that you are in the US prior to the ban. Once you know how it is being enforced, you can make a decision about whether you want to leave and try to return again. I would not have much confidence in easily returning here even with an RTD once the ban goes into effect. The Administration has shown that they do not care about the law, and if they want to exclude you, they will. Finding a lawyer to fight that case will be expensive and potentially difficult, and they are counting on people being unwilling or unable to fight. For this reason, I recommend to anyone potentially affected by the ban that they stay in the US until we have more information about how it is being enforced. 2 – Again, we do not know. 2 – I do not know that it will make any difference whether you have an RTD or a Re-Entry Permit. You should be able to enter on either, but if there is a ban, we do not know how it will look. 3 – I do not see why that would help, but I have no idea. 4 – I guess you can also have your asylum or refugee approval documents, but I do not think any of this will matter. At this point, we have no idea how the ban will look or who will be affected, or whether it will be challenged in court. I think you have to make a decision in a very uncertain situation. If you are outside the US when the ban goes into effect, it is possible that you will not be able to return. Probably, people with a GC will (eventually) be able to return, but we do not know for sure, and so you have to decide whether you want to take that risk. For me, I would be inside the US until the ban goes into effect, and I know more about how it is working, and then I would make a decision about travel at that time. This is incredibly unfortunate, unfair, and needlessly cruel, but that is where we are. Take care, Jason
Hello sir, i applied asylum after 5 years in usa after b1/2 overstay. Im subject to one year deadline. Im waiting for interview with uscis have work permit and drive truck all over usa. I applied exception due to stress for one year in my filing. So i cross lot of border patrol checkpoints. I heard idk if true rumors cbp are detaining truckers with ead and conducting credible fear interviews. As a visa overstayer and 1 year filing deadline am i subject to cfi or its just who come from border subject to cfi. Have u heard of someone who applied asylum with asylum office getting cfi ?
I have not heard about that, but my understanding is that if you have been in the US for more than 2 years, you would not be subject to expedited removal proceedings, and so you may want to keep evidence available to show you have been in the US for more than 2 years. The work permit alone may do that, but you can also have an old work permit, tax or employment documents, school documents, etc. to show you have been in the US. You can probably just keep copies of these documents on your phone or in your email, so you can access them if needed. Take care, Jason
Hi Jason, what are your thoughts about Alien enemies act, does it apply to people with pending asylum cases from Venezuela?
P.s. I’m not Venezuelan but can this act be implemented to any immigrant from any country in future(Russia for example), Trump’s order says anyone older than 14 and is not a citizen or legal resident, what about people with pending cases, asylum, court hearings etc.
It is a sham, like many other policies of this Administration. They pretend that there is an invasion and then use that as an excuse to harm the alleged invaders. Unfortunately, their strategy works in many areas besides immigration – they pretend that federal workers are doing nothing and then use that as a basis to fire them and insult them; they pretend that Ukraine started the war against Russia and use that as an excuse to harm Ukraine. It goes on and on. However, we have to react to what they do, and although the Alien Enemies Act seems to be currently blocked by a court, it is unclear whether that will continue. I think you need to keep your eye on this to see how it affects you, and how it will interact with the asylum law and the UN Convention Against Torture, which as far as I can tell, are not negated by the Alien Enemies Act. Take care, Jason
Hi Jason, could you share your thoughts on whether it’s safe to travel with an RTD right now? Thank you!
People who are not us citizens, in my opinion, should not travel overseas…
Are you still the same guy redneck from KY or TN? Who the heck are you to tell someone travel or not? Mind your own business dude i traveled with green card and RTD and many times only RTD and never had any issues you just a piece of crap ! We are in a country of laws and anyone has green card or RTD can travel freely and come back with no problem hmmm cause you are a white broke American dude who can’t afford traveling makes you feel sh!t that doesn’t mean that you have to spread negativity.
I think at this point, it seems a travel ban will go into effect soon. I think it is a bad idea to travel or be outside the US until we know what the ban does and what countries are affected. I think any non-citizen who has status or a visa to the US should return here immediately if they can; otherwise, they could be blocked from returning when the ban goes into effect. The problem now is that we do not know what the ban will look like or who will be affected, and until we know that, the safest course is to be inside the US. Take care, Jason
Hello sir, I have a refugee travel document (no green card yet), my country of origin will likely be under the new travel ban. If i travel for tourism using my refugee travel document, could the ban affect me when i try to return? My nationality is written on the bio page of my refugee travel document. Thank you
I think the ban could affect you and I think it is safest to not travel until the ban goes into effect and you see what it does. If you travel now, and then the ban goes into effect, you might be stuck outside the US and unable to return. Take care, Jason
Hi Jason! I just applied for my GC after 6 months being granted asylum. I sent my form without the medical exam, as I heard i should wait until they ask about it, however, someone just told me that I did wrong and I should have sent it along with the form because USCIS changed the rules. If that’s true, is there a way to send it now?
Yes, my understanding is that the rules have changed and that you are required to send the medical exam with the I-485. I am not sure the best approach now that you’ve sent the application. My fear is that they will deny it and you will lose your money. One option – if you paid by person check – is to try to cancel the check so that it does not work. Then, USCIS should reject the whole packet and send it back to you, and you can re-apply and include the medical exam. Another option is to wait to see whether USCIS rejects or denies the application, or sends you a request for the medical exam. I do not know what they will do, but if you choose this option, it is possible that they will deny the application and you will lose the filing fee. Maybe you want to talk to a lawyer to see if they have other suggestions. Take care, Jason
They sent me the receipt notice with a zero balance remaining, and another mail says that they applied the old fingerprint to my case, and now the status of the case says the fingerprint has been taken.
Does that mean they accepted the filling and will send me later asking for the medical exam? Or sending me those mails mean nothing and after a few months they will reject my application? I don’t care about the fee, i care more about losing the time.
It sounds like they accepted it, and hopefully that is the case. In the past, USCIS would just send a request for evidence asking for the exam. Supposedly, that is not the procedure any more, but maybe they will ask anyway. I guess if you do not care about the money, you could do the exam and try to send it to them before they request it. Maybe that would help avoid any future problems and the worst case doing that is that you would have to do re-do the exam and pay the doctor a second time (though usually, they can just use the same results and so the cost of re-doing the exam should be less than doing it the first time). Take care, Jason
Jason, this is an article from Bloomberg that Rubio has classified Immigration as foreign affairs function so no public notices. What do you think the implications are for visas, asylum, green card or naturalization?
https://news.bloomberglaw.com/daily-labor-report/rubio-declares-immigration-regulations-exempt-from-public-notice
I think it is dangerous as it gives a lot of power to the Executive Branch to exclude people or deport people, based essentially on whatever the Secretary of State says. Also, the public notice period is important for rule making in a democracy, as the public has a right to know when the rules are changing and they should have input not that process. Unfortunately, this Administration has little regard for democratic norms, and so we will have to see if this plan is blocked by a court. Given that the Supreme Court is very deferential to the Executive Branch in the area of immigration, I am not optimistic, but we will see what happens. Take care, Jason
Hi Jason, I hope you are doing well, out of curiosity, have you read this news by chance ” https://www.nytimes.com/2025/03/14/us/politics/trump-travel-ban.html”
This paragraph is so frustrating:
“It is also not clear whether people with existing visas would be exempted from the ban, or if their visas would be canceled. Nor is it clear whether the administration intends to exempt existing green card holders, who are already approved for lawful permanent residency.”
Are they able to confiscate GC’s from people of Red List countries?
We will have to see what the ban looks like, but I do not see how they can take away GCs from people who have them without going through an Immigration Judge. During the last travel ban, after some initial confusion, GC people were not affected. We will have to see what the ban looks like and how it is altered by any legal challenges. For now, though, since we do not know and since it supposedly coming soon, it would be safest for any non-citizen who wants to come to the US to get here before the ban goes into effect, and that includes GC people, asylees, and anyone else who might be affected. Once we know more, such people will hopefully be able to travel and return normally, but we will have to wait and see. Take care, Jason
Hi Jason
I went from asylum > GC > citizenship. My citizenship was back to 2017. I have never travelled to home country before. Now, I need to visit for a close relatives wedding. Usually this shouldn’t be an issue but now everything is a new normal. Do you think there is any risk? Especially with the talk about denat and Alien enemies act.
I think the risk is pretty low. To have a problem, the US government would need to conclude based on this trip that your asylum was fake, and then they would have to take action in federal court to start the difficult process of denaturalizing you. Is it impossible? I guess not, but it is incredibly unlikely. Just in case, I guess you should be able to explain why you returned home and how you stayed safe, in the unlikely event you are asked. I wrote a post that is relevant to this on January 6, 2016 if you want to read more. Take care, Jason
Hi Jason
I an on 2 year green card by marriage. Before the marriage i had a pending asylum that i closed because of my marriage based paperwork.
I wish to travel to my country i mentioned in my asylum (that i was fearing for my life from), will that be a problem? , especially returning to the US?
Thanks
The fact that you got a GC based on marriage does not erase the fact that you previously had an asylum case. While you probably will not be asked about this, it is possible, and if the visit causes the US government to conclude that your original asylum case was fake, they could try to take away your status now. Again, I think this is unlikely, but you should be prepared to explain why you returned to your country and how you stayed safe. If you can explain, hopefully, it will avoid a bigger problem. Also, of course, it would be better to not go to the country until you are a US citizen, but for many people, it is not possible to wait. I wrote more about traveling to the home country on January 6, 2016 and maybe that would be helpful. Take care, Jason
Does anyone know if DMV honors I-94 “asylum granted” form for the real ID? I have “clean” unrestricted social, driver’s license (no star), and expired EAD (applied for renewal, but didn’t receive the I-797 notice yet).
Appointment is next Thursday, I doubt the renewal notice will arrive by then. Thank you!
Yes, but depends on the state it can be easy or not. I would advise to ask for a supervisor
I do not know, but if you have asylum granted, you should be eligible for a REAL ID license, and so even if they won’t issue it next week, maybe you can ask about what is needed so you can return once you have the EAD. Take care, Jason
I live in Vegas. I got my Real Id with no problem based off of the new “Asylum Granted” status on my I-94.
Hey Jason, can I apply for DV lottery while my asylum case is pending?
Yes, but whether you can get the GC if you win is another matter. It is free to apply for the DV Lottery, so there is no reason not to try. I wrote more about this on October 5, 2015. Take care, Jason
Hi Jason,
I have filled FOIA with Department of State to get my VISA RECORDS, but apparently that requires FOIA and Privacy act.
I am an asylee with asylum status, but for privacy act release you need to be a citizen of the United States, or an alien lawfully admitted for permanent residence.
I’m not a citizen, but the second part is it about Green Card Holders or anyone who is legally in the US?
I have not done that before and so I do not know. It doesn’t really make sense, as asylum seekers and others without permanent status are able to do FOIAs in other contexts. Maybe you want to talk to a lawyer about this to see if they can assist. Take care, Jason
Hi- when I was preparing my naturalization application, I requested all relevant documents, including U.S. visa applications, through the FOIA. As a permanent resident at the time, I was able to obtain everything I requested, including the visa applications.
This was in 2022, so I’m not sure if the process has changed since then.
Hey Jamie! My problem is that im not GC holder yet and for privacy act FOIA you need to be a GC or citizen which is absolutely dumb…
Hello Jason,
I am a GC holder by apporved asylum. I am supposed to apply for citizenship in about a month. I moved to a different state in July 2024 and a filled an online Change of address application in October 2024 through my online USCIS account but the status of the request just says submitted until today. I called USCIS and they said an agent will look into it. Do you think I should make a second a change of address application? DO you think this issue can be a problem when I apply for citizenship?
Thanks
I think you should just keep proof (such as a screen shot) that you filed the change of address. That way, in case you are asked (which is unlikely), you can demonstrate that you filed it and that should be fine. Take care, Jason